The Civil Procedure Rules 1998

[F1 [F2 SECTION III] E+W RTA Protocol and EL/PL Protocol Offers to Settle

Textual Amendments

F1 Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)

F2 Pt. 36 Section 2 renumbered as Pt. 36 Section 3 (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(11) (with rule 2)

Scope of this Section E+W

[F3 36.25.]— (1) Where this Section applies, Section I [F4 and Section II do not] apply.

(2) This Section applies to an offer to settle where the parties have followed the RTA Protocol or the EL/PL Protocol and started proceedings under Part 8 in accordance with Practice Direction [F5 49F] (“the Stage 3 Procedure”).

(3) A reference to the Court Proceedings Pack Form is a reference to the form used in the relevant Protocol.

(4) Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with this Section, it will not have any costs consequences.

Textual Amendments

F3 Rule 36.24 renumbered as rule 36.25 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(12)(a) (with rule 2)

F4 Words in rule 36.25(1) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(12)(b) (with rule 2)

F5 Word in rule 36.24(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 15(2)

Form and content of a Protocol offer E+W

[F6 36.26.]— (1) An offer to settle which is made in accordance with this rule is called a Protocol offer.

(2) A Protocol offer must—

(a) be set out in the Court Proceedings Pack (Part B) Form; and

(b) contain the final total amount of the offers from both parties.

Textual Amendments

F6 Rule 36.25 renumbered as rule 36.26 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(13)(a) (with rule 2)

Time when a Protocol offer is made E+W

[F7 36.27.]— (1) The Protocol offer is deemed to be made on the first business day after the Court Proceedings Pack (Part A and Part B) Form is sent to the defendant.

(2) In this Section “business day” has the same meaning as in rule 6.2.

Textual Amendments

F7 Rule 36.26 renumbered as rule 36.27 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(13)(b) (with rule 2)

General provisions E+W

[F8 36.28.]   A Protocol offer—

(a) is treated as exclusive of all interest; and

(b) has the consequences set out in this Section only in relation to the fixed costs of the Stage 3 Procedure as provided for in rule [F9 45.29], and not in relation to the costs of any appeal from the final decision of those proceedings.

Textual Amendments

F8 Rule 36.27 renumbered as rule 36.28 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(13)(c) (with rule 2)

F9 Word in rule 36.28(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(14) (with rule 2)

Restrictions on the disclosure of a Protocol offer E+W

[F10 36.29.]— (1) The amount of the Protocol offer must not be communicated to the court until the claim is determined.

(2) Any other offer to settle must not be communicated to the court at all.

Textual Amendments

F10 Rule 36.28 renumbered as rule 36.29 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(15)(a) (with rule 2)

Costs consequences following judgment E+W

[F11 36.30.]— (1) This rule applies where, on any determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—

(a) less than or equal to the amount of the defendant’s Protocol offer;

(b) more than the defendant’s Protocol offer but less than the claimant’s Protocol offer; or

(c) equal to or more than the claimant’s Protocol offer.

(2) Where paragraph (1)(a) applies, the court must order the claimant to pay—

(a) the fixed costs in rule [F12 45.37]; and

(b) interest on those fixed costs from the first business day after the deemed date of the Protocol offer under rule [F13 36.27].

(3) Where paragraph (1)(b) applies, the court must order the defendant to pay the fixed costs in rule [F14 45.30].

(4) Where paragraph (1)(c) applies, the court must order the defendant to pay—

(a) interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule [F15 36.27];

(b) the fixed costs in rule [F16 45.30];

(c) interest on those fixed costs at a rate not exceeding 10% above base rate; and

(d) an additional amount calculated in accordance with rule 36.17(4)(d).

Textual Amendments

F11 Rule 36.29 renumbered as rule 36.30 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(15)(b) (with rule 2)

F12 Word in rule 36.30(2)(a) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(a)(i) (with rule 2)

F13 Word in rule 36.30(2)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(a)(ii) (with rule 2)

F14 Word in rule 36.30(3) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(b) (with rule 2)

F15 Word in rule 36.30(4)(a) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(4)

F16 Word in rule 36.30(4)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(16)(c)(ii) (with rule 2)

Deduction of benefits E+W

[F17 36.31.]   For the purposes of rule [F18 36.30](1)(a) the amount of the judgment is less than the Protocol offer where the judgment is less than that offer once deductible amounts identified in the judgment are deducted.

(“Deductible amount” is defined in rule [F19 36.20](1)(d).)]

Textual Amendments

F17 Rule 36.30 renumbered as rule 36.31 by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(17)(a) (with rule 2)

F18 Word in rule 36.31 substituted by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(17)(b) (with rule 2)

F19 Word in rule 36.31 substituted by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(17)(c) (with rule 2)